SB438: SB438 Education; the beginning age for compulsory school attendance from six years to five years; reduce

Under current Georgia law, children must attend school starting at age six, and local school systems may offer full-day kindergarten but are not required to. This bill would lower the compulsory attendance age to five and require every local school system to offer a full-day kindergarten program, defined as at least four and a half hours of daily instruction across a 180 day school year. It would also require all children to attend a full year of full-day kindergarten before enrolling in first grade, with exceptions already allowed under existing law. The bill changes related sections of Georgia's education code (O.C.G.A. Title 20, Chapter 2) covering enrollment eligibility, kindergarten programs, and compulsory attendance between ages six and sixteen, shifting those age references down to five. Importantly, the bill would not take effect unless the General Assembly separately approves specific funding for it in a future budget bill.

• Lowers the compulsory school attendance age from six to five, meaning parents would need to enroll children in school a year earlier.
• Requires all local school systems to offer a full-day kindergarten program instead of leaving that decision optional, changing the law from 'may' to 'shall.'
• Requires all children to attend a full year of full-day kindergarten before they can enroll in first grade.
• Updates the compulsory attendance law (O.C.G.A. § 20-2-690.1) so children must attend school between their fifth and sixteenth birthdays instead of sixth and sixteenth.
• Makes the entire Act contingent on the General Assembly passing a specific budget line item funding it, so it would not automatically take effect.

The bill affects parents of five-year-olds, who would face an earlier legal deadline to enroll their children in school; local school systems, which would be required to offer full-day kindergarten; and the State Board of Education, which sets related rules and guidelines.

If funded and enacted, families would need to enroll children in kindergarten a year earlier than current law requires, and every school district would have to offer full-day kindergarten rather than a partial or optional program, changing daily routines for young children statewide.

• Section 1 revises Code Section 20-2-150 so children enrolled before their fifth birthday, rather than seventh, become subject to compulsory attendance rules.
• Section 2 revises Code Section 20-2-151 to require (rather than permit) all local school systems to offer full-day kindergarten and requires all children to attend one full year of it before first grade.
• Section 3 revises Code Section 20-2-690.1 to change the compulsory attendance window from ages six through sixteen to ages five through sixteen.
• Section 4 makes the entire Act contingent on a specific line-item appropriation of funds by the General Assembly in a future General Appropriations Act.
• Section 5 repeals any conflicting laws.

1. 2026-02-02Senate Read and Referred (Senate)
2. 2026-01-29Senate Hopper (Senate)

• Chuck Payne (R, SD-054)Primary sponsor
• Billy Hickman (R, SD-004)
• Chuck Hufstetler (R, SD-052)
• Max Burns (R, SD-023)
• Shawn Still (R, SD-048)
• Marty Harbin (R, SD-016)

• compulsory school attendance
• kindergarten
• education funding
• early childhood education